The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1887-11-17
Good work In a Bad Cause.

CHICAGO, Nov. 10.-In the petition
presented before Judge Prendergast
yesterday, it is asserted, the belief Of
the petitioners was that Louis Lingg
is insane. They moved for stay of
execution until proper investigation
of Lingg's insanity could be made.
Attorney Grinnell was present to ap-
prove the petition, in the interest Of
the state.
Mr.. Hunt moved for a stay of exc
cution on the ground that there was a
Question as to Lingg's sanity, and time
was wanted to investigate.
Judge Baker would not entertain the
motion, saying he had no power what
ever to grant a stay of execution.
Mr.. Hunt then moved that a venire
of six men be issued to test Lingg'S
sanity.
Mr.. Grinnen said the affidavit did
not state that Lingg had become insane
since he was found guilty of murder.
That point was essential. If he was
insane before the trial it was a matter
of defense that ought to have been pre-
sented at that time. Now he was not
entitled to it.
Judge Baker thought that the states
attorneys position was correct, and
that the affidavit was defective. He
told Mr.. Hunt so.
That gentleman asked for a recess of
the court until o'clock. when he would
bring fresh affidavit from DIR. Kier-
nan, setting forth that Lingg had
become insane since his trial, and the
court adjourned until that hour.
Mr.. Hunt said he intended to renew
his petition to Judge Prendergast.
REFUSED TO SIGN THE AFFIDAVIT.
CHICAGO, Nov. 10.-At o'clock this
afternoon Attorney Hunt appeared
again before Judge Baker at the GRIM
inal court. States Attorney Grinnen
and Walker being present, asked that
DR.. Herman be placed on the stand
to testify as to Lingg's sanity.
Mr.. Grinnell said he did not want to
hear the doctor on that point.
Judge Baker said there was nothing
before court unless it was desired to
ask for an inquiry as to Lingg's sanity
| DR.. Herman refused to make out q
new affidavit to the effect that he
believed Lingg has become insane since
his CONTINENT.
Judge Baker here sharply declared
that the court was adjourned.
PRENDERGAST STILL UNRELENTENT
| CHICAGO, Nov. 10.-Attorney Hunt
after being denied the writ de lunact
fby Judge Parker, of the crimina
court, appeared in the county cour
and asked for a new application TO
writ to examine Louis Lingg's menta
condition, but Judge Prendergast again
denied the application on the same
grounds as those brought forward yes
terday. Attorney Hunt then departed
WRIT OF HABEAs CORPUS.
CHICAGO, Nov. 10.-Attorney Solo
mon appeared before Judge Tully at
1 81 fhfo offorV1nnV1 oV1d 0oh0 his ar
plication for a writ of habeas corpus i
. behalf of a. r. Parsons. His point
were that the process was void, an
!. that the Judgment of the suprem
court was void, the record saying tn
: defendant was present when he wa
: absent. He claimed that the order c
the court directing the execution {
the anarchists on November IL, wa
unconstitutional and void, inaSmuch q
|, such final process must read 'in th
! name of the people of the state OF !
9 linois." He read many decisions
9 support of his point that an order {
E the court was not adequate. He a.
Q mitted the order was in acc0rdani
!, with the statutes, but declared Il
statutes unconstitutional. He said Il
statutes had not been attacked befor
Mr.. Grinneh said all Of Il
{ records in the case, and eve
3 of the sheriff, and in his opinion Il
application for writ of habeas corp
was absurd.
4 Mr.. Solomon maintained that Pa
le SONS Is held under two writs-one fro
sr the lower court and one from the s
D. preme court. He did not claim tn
le Parsons should be liberated from ia
r but that he should be discharged frO
9. custody under the second writ, the o
under which his execution is ordere
* until correct and proper writ Is
ID sued.
to During Mr.. Solomonis argumel
q Captain Black came into the court q
1g looked over the authorities quoted
he the other attorneys. One of Mr.. So
ly mons main points was that the Hin
no supreme court should have return
to the case to the lower court, where {
he sentence should have again been D
at nounced. The neglect to do so,